(Download) "Warner Construction Corp. V. City Of Los Angeles" by Supreme Court Of California # eBook PDF Kindle ePub Free
eBook details
- Title: Warner Construction Corp. V. City Of Los Angeles
- Author : Supreme Court Of California
- Release Date : January 31, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
Plaintiff Warner Construction Corporation brings suit against the City of Los Angeles for breach of warranty and fraudulent concealment in connection with a contract for construction of a retaining wall on Vista Del Mar, a street in the City of Los Angeles. A jury returned a verdict for plaintiff for $150,000. We hold that, since the interpretation of the crucial provisions turned on the credibility of expert testimony, the court did not err in submitting the construction of the contract to the jury. We have also concluded that the evidence supports the jury's finding of liability. Although certain letters of the city's Board of Public Works, which contained statements tendered in negotiations for a compromise, should not have been admitted, their introduction did not cause prejudicial error. Plaintiff's proven damages, however, reach at most $81,743.55; its failure to present evidence of lost profits renders damages over that sum speculative. The cause, therefore, must be reversed for a new trial on the issue of damages.
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